(Download) "Thomas v. Shipka" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Thomas v. Shipka
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 19, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
GUY, Circuit Judge. On remand from the Supreme Court The original decision in this case is reported at 818 F.2d 496 (6th Cir.
1987). Subsequent to the issuance of that decision, we granted a rehearing as to Part II only of the original decision. Part
II dealt with the retroactivity of Mulligan v. Hazard, 777 F.2d 340 (6th Cir. 1985), cert. denied, 476 U.S. 1174, 90 L. Ed.
2d 988, 106 S. Ct. 2902 (1986). Our court in Mulligan, following the dictates of Wilson v. Garcia, 471 U.S. 261, 85 L. Ed.
2d 254, 105 S. Ct. 1938 (1985), chose a one-year statute of limitations to be applied to all 42 U.S.C. § 1983 actions brought
in the State of Ohio. The court also determined that the ruling in Mulligan was to be applied retroactively. In our original decision, we explained that one panel of the court could not overrule another panel; however, on petition
for rehearing, plaintiff argued that subsequent Supreme Court decisions rendered the retroactivity holding in Mulligan erroneous.
On the strength of this argument we granted a rehearing, but ultimately determined that Mulligan should be retroactively applied
to the facts in this case. 829 F.2d 570 (6th Cir. 1987).
 "Thomas v. Shipka" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free){kind=link}